Judiciary of Belgium
   HOME

TheInfoList



OR:

The judiciary of Belgium is similar to the
French judiciary In France, career judges are considered civil servants exercising one of the sovereign powers of the state, so French citizens are eligible for judgeship, but not citizens of the other EU countries. France's independent court system enjoys speci ...
.
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
evolved from a
unitary Unitary may refer to: Mathematics * Unitary divisor * Unitary element * Unitary group * Unitary matrix * Unitary morphism * Unitary operator * Unitary transformation * Unitary representation * Unitarity (physics) * ''E''-unitary inverse semigrou ...
to a
federal state A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...
, but its judicial system has not been adapted to a federal system. The Belgian judiciary is referred to as the courts and tribunals ( nl, hoven en rechtbanken, french: cours et tribunaux, german: Gerichtshöfe und Gerichte) in official texts, such as the
Belgian Constitution The Constitution of Belgium ( nl, Belgische Grondwet, french: Constitution belge, german: Verfassung Belgiens) dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility ...
.


Normal judicial system


Judicial subdivisions of the territory

As of 2018, the territory of Belgium is subdivided into 5 judicial areas ( Antwerp,
Brussels Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
,
Ghent Ghent ( nl, Gent ; french: Gand ; traditional English: Gaunt) is a city and a municipality in the Flemish Region of Belgium. It is the capital and largest city of the East Flanders province, and the third largest in the country, exceeded i ...
, Liège and Mons), 12 judicial arrondissements and 187 judicial cantons for the purpose of organising the judicial system. Before April 2014, when the judicial subdivisions were reformed into the current ones, there were 27 judicial arrondissements and 225 judicial cantons. Except for
Brussels Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
and the provinces of Flemish Brabant and Liège, the current judicial arrondissements correspond with the provinces of Belgium. File:Belgium judicial 5 areas-fr.svg, alt=Map of the five judicial areas, with French names, Map of the 5 judicial areas (French names) File:Belgium judicial 12 arrondissements-fr.svg, alt=Map of the 12 judicial arrondissements as of 2014, with French names, Map of the 12 judicial arrondissements as of 2014 (French names) File:Belgium judicial 27 arrondissements (blank).svg, alt=Map of the 27 judicial arrondissements from before 2014, Map of the 27 judicial arrondissements from before 2014


Court of Cassation

The Court of Cassation ( nl, Hof van Cassatie, french: Cour de Cassation, german: Kassationshof) is the supreme court of the Belgian judicial system. It only hears appeals in last resort against judgments and other decisions of lower courts (mostly the
appellate courts A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
), and only points of law. This means the Court of Cassation will not review or reconsider the findings of fact established by lower courts. The jurisdiction of the Court is limited to either upholding a decision that is contested, or either annulling ( quashing) the contested decision if the decision violated or misinterpreted the law. The latter is referred to as "cassation". In case of cassation, the Court of Cassation will generally refer the case to a different court of the same rank as the one whose decision was annulled. The case will then be retried on both questions of fact and questions of law by that court. By these means, the Court of Cassation ensures the nationwide uniform interpretation and application of the law by all other courts and tribunals of the Belgian judicial system. The jurisdiction of the Court of Cassation is limited to decisions of
judicial court Ordinary court or Judicial court is a type of court with comprehensive subject-matter jurisdiction compared to ' Specialized court' with limited jurisdiction over specific filed of matters, such as intellectual property court. Due to its compre ...
s, and (notwithstanding some exceptions) does not extend to decisions of
administrative courts Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal ** Administrative Assistant, traditionally known as a Secretary, or also known as an administrative officer, administ ...
. The Court of Cassation does however settle certain jurisdictional conflicts which may involve an administrative court. In addition, the Court of Cassation also rules on certain prejudicial questions, handles certain procedures to review old criminal cases, as well as certain proceedings against
judges A judge is an official who presides over a court. Judge or Judges may also refer to: Roles *Judge, an alternative name for an adjudicator in a competition in theatre, music, sport, etc. *Judge, an alternative name/aviator call sign for a membe ...
or
prosecutors A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
themselves. Whilst the case law of the Court of Cassation is in principle not binding for lower courts, it does hold an important persuasive value nonetheless.


Appellate courts

* Court of appeal ( nl, hof van beroep, french: cour d'appel, german: Appellationshof): the courts of appeal are the main appellate courts in the Belgian judicial system. There is a court of appeal in each of the five respective judicial areas of Belgium. They have appellate jurisdiction over the judgements made by the tribunals of first instance and enterprise tribunals in their judicial area, except for petty cases and judgements in which a tribunal of first instance already exercised appellate review. The chambers of indictment of the courts of appeal hear appeals in judicial investigations lead by an
investigative judge In an inquisitorial system of law, the examining magistrate (also called investigating magistrate, inquisitorial magistrate, or investigating judge) is a judge who carries out pre-trial investigations into allegations of crime and in some cases ma ...
, and decide on
indictments An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an ...
for trials by a court of assizes. The court of appeal of Brussels also has a specific division referred to as the Market Court, which hears appeals against certain decisions made by
regulators Regulator may refer to: Technology * Regulator (automatic control), a device that maintains a designated characteristic, as in: ** Battery regulator ** Pressure regulator ** Diving regulator ** Voltage regulator * Regulator (sewer), a control de ...
regarding
regulated markets A regulated market (RM) or coordinated market is an idealized system where the government or other organizations oversee the market, control the forces of supply and demand, and to some extent regulate the market actions. This can include tasks ...
. Lastly, the courts of appeal have
original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the S ...
over crimes committed by certain
judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
or executive officers in or outside of the exercise of their office. Only the courts of appeal of Brussels and Liège have jurisdiction over any such crime committed by federal or regional
ministers Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of governme ...
, and they can only try a minister with the permission of the legislative assembly on which their government depends. The judgements of the courts of appeal are final as to questions of fact; they can only be appealed at the Court of Cassation on questions of law. * Court of labour ( nl, arbeidshof, french: cour du travail, german: Arbeitsgerichtshof): the courts of labour are the appellate courts in the Belgian judicial system that hear appeals against judgements of the labour tribunals in their judicial area. There is a court of labour in each of the five respective judicial areas of Belgium, just like the courts of appeal. They have appellate jurisdiction over all judgements of the labour tribunals without any exceptions. An important aspect of the courts of labour is the involvement of
lay judges A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permane ...
appointed on the advice of employers' organisations and
trade unions A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
. The judgements of the courts of labour are final as to questions of fact; they can only be appealed at the Court of Cassation on questions of law.


Trial courts

* Court of assizes ( nl, hof van assisen, french: cour d'assises, german: Assisenhof): the courts of assizes are the highest criminal courts and the only courts that hold
jury trials A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significant ...
in the Belgian judicial system. There is a court of assizes in each of the ten provinces of Belgium, and one in the arrondissement of Brussels-Capital (which is not part of any province). The courts of assizes are the only courts in Belgium for which the provinces are used as territorial subdivisions. They are not permanent courts; a new court is assembled for each new trial. They are composed of three judges (from the courts of appeal and the tribunals of first instance) and a jury of twelve jurors. Only the jury acts as the
trier of fact A trier of fact or finder of fact is a person or group who determines which facts are available in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome. To determine a fact is to decide, from the evidence present ...
, and together with the three judges the penalty is determined. The courts of assizes have original jurisdiction over non-correctionalised ''crimes'', which are the most serious types of crimes under Belgian criminal law, as well as over
civil damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
arising from a ''crime'' tried by these courts. Correctionalisation refers to the process which allows for ''crimes'' to be tried by the tribunals of first instance instead of the courts of assizes. In practice, most ''crimes'' are correctionalised due to the heavy burden an assizes trial imposes on the judicial system. The courts of assizes also have
exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one court ...
over
political crimes In criminology, a political crime or political offence is an offence involving overt acts or omissions (where there is a duty to act), which prejudice the interests of the state, its government, or the political system. It is to be distinguis ...
and press crimes by virtue of the
Belgian Constitution The Constitution of Belgium ( nl, Belgische Grondwet, french: Constitution belge, german: Verfassung Belgiens) dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility ...
, which mandates a jury trial for these types of crimes. Suspects cannot be tried by a court of assizes without a prior indictment by the chamber of indictment of a court of appeal. The judgements of the courts of assizes are final as to questions of fact; they can only be appealed at the Court of Cassation on questions of law. * Tribunal of first instance ( nl, rechtbank van eerste aanleg, french: tribunal de première instance, german: Gericht erster Instanz): * Labour tribunal ( nl, arbeidsrechtbank, french: tribunal du travail, german: Arbeitsgericht): * Enterprise tribunal ( nl, ondernemingsrechtbank, french: tribunal de l'entreprise, german: Unternehmensgericht): * Arrondissement tribunal ( nl, arrondissementsrechtbank, french: tribunal d'arrondissement, german: Bezirksgericht):


Minor jurisdiction

* Police tribunal ( nl, politierechtbank, french: tribunal de police, german: Polizeigericht): the police tribunals serve as the traffic courts and lowest criminal courts in the Belgian judicial system. There is a police tribunal in each judicial arrondissement, most of which have multiple seats (each with jurisdiction over their part of the territory of their arrondissement). Due to the sensitive political situation in and around Brussels, there are four police tribunals in the
arrondissement of Brussels The arrondissement of Brussels was one of the three arrondissements forming the province of Brabant, Belgium, or before Belgium's independence forming the French Dyle department. The arrondissement was split in 1963 upon the fixation of the lang ...
however. They have original jurisdiction over contraventions, which are the lowest types of crimes under Belgian criminal law, as well as over all cases arising from traffic violations or traffic accidents (both civil and criminal). They also have appellate jurisdiction over certain administrative penalties imposed by
municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
or specific administrative entities. Their judgements can generally be appealed at the tribunals of first instance, except for petty cases and appellate judgements on administrative penalties. * Justice of the peace ( nl, vredegerecht, french: justice de paix, ): the justices of the peace serve as the small claims courts in the Belgian judicial system. There is a justice of the peace in each judicial canton, of which there are 187 as of 2017 (some with multiple seats). They have original jurisdiction over civil cases in which the disputed amount does not exceed 5,000 euro as of 2018, except for the matters over which another court or tribunal has
exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one court ...
. They have original jurisdiction as well as over civil cases involving certain matters irrespective of the disputed amount, such as the
renting Renting, also known as hiring or letting, is an agreement where a payment is made for the temporary use of a good, service or property owned by another. A gross lease is when the tenant pays a flat rental amount and the landlord pays for a ...
or leasing of
real estate Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more general ...
,
evictions Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgag ...
,
easement An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a propert ...
,
land consolidation Land consolidation is a planned readjustment and rearrangement of fragmented land parcels and their ownership. It is usually applied to form larger and more rational land holdings. Land consolidation can be used to improve rural infrastructure and ...
,
consumer credit Credit (from Latin verb ''credit'', meaning "one believes") is the trust which allows one party to provide money or resources to another party wherein the second party does not reimburse the first party immediately (thereby generating a debt ...
or unpaid utility bills. They also have original jurisdiction in certain matters of
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...
, most notably legal guardianships for incapacitated seniors and the involuntary commitment of the mentally ill. They do not have any jurisdiction over criminal cases. The judgements of the justices of the peace can, with some exceptions, be appealed at the tribunals of first instance.


Legal help

Legal help can be obtained from a house of justice ( nl, justitiehuis, french: maison de justice, german: justizhaus), of which there is one in each judicial arrondissement and 2 in the
arrondissement of Brussels The arrondissement of Brussels was one of the three arrondissements forming the province of Brabant, Belgium, or before Belgium's independence forming the French Dyle department. The arrondissement was split in 1963 upon the fixation of the lang ...
(a Dutch- and French-speaking one).


Situation before 2014


Special jurisdictions

The
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
(''Grondwettelijk Hof / Cour constitutionelle'') is a special court which rules on conflicts between the federal level and regional level, as well as on any law that may violate
fundamental rights Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...
. The court was created as part of the federalisation of the country. It is not part of the normal judicial system; it's a court '' sui generis''. The government of Belgium also has a lot of
administrative court An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered s ...
s, of which the
Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
(''Raad van State / Conseil d'État'') is the supreme one.


International courts

As a member state of several international organisations, their international courts also have jurisdiction in Belgium: *
Benelux Court of Justice The Benelux Court of Justice ( nl, Benelux Gerechtshof, french: Cour de Justice Benelux) is a court which is common to the Benelux countries Belgium, Netherlands and Luxembourg. The organisation was established by the treaty of 31 March 1965. The c ...
* Court of Justice of the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
*
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
of the Council of Europe


See also

*
Law of Belgium The legal system of Belgium is based on the Napoleonic code. The Napoleonic code is the French civil code which was issued between 1804 and 1810. It clearly presents the French legal system. Belgium’s constitution is influenced by earlier const ...
*
High Council of Justice (Belgium) The High Council of Justice ( nl, Hoge Raad voor de Justitie, french: Conseil supérieur de la Justice, german: Hoher Justizrat) is the national council of the judiciary of Belgium. It was established in 1999 by Article 151 of the Belgian Constitut ...
* List of Belgian judges


References


External links


Justice
Belgian federal government The Federal Government of Belgium ( nl, Federale regering, french: Gouvernement fédéral, german: Föderalregierung) exercises executive power in the Kingdom of Belgium. It consists of ministers and secretary of state ("junior", or deputy-min ...
.
Courts and tribunals
College of the courts and tribunals of Belgium. {{Judiciaries of Europe